The Byzantine State Church Under


According to Justinian's scheme of Church government, the Emperor was the

head of the Church in the sense that he had the right and duty of

regulating by his laws the minutest detail of worship and discipline, and

also of dictating the theological opinions to be held in the Church. This

is shown, not merely in his conduct of the Fifth General Council, but also

in his attempt, at the end of his life, to force Aphthartodocetism upon<
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the Church. This position of the Emperor in relation to the Church is

known as Caesaropapism. (See Bury, Later Roman Empire, chap. XI.) The

ecclesiastical legislation of Justinian should also be considered. At the

same time Justinian strictly repressed the lingering heathenism and, in

the interest of the schools at Constantinople, closed the schools at

Athens, the last stronghold of paganism.





(a) Evagrius, Hist. Ec., IV, 39. (MSG, 86 II:2781.)





Aphthartodocetism of Justinian.





Among the many variations of Monophysitism flourishing under

Justinian was Aphthartodocetism, according to which the body of

Christ, before as well as after his resurrection, was "a glorified

body," or incapable of suffering. See selection for description.





At that time Justinian, abandoning the right road of doctrine and

following the path untrodden by the Apostles and Fathers, became entangled

in thorns and briars; and he attempted to fill the Church also with these,

but failed in his purpose, and thereby fulfilled the prediction of

prophecy. Justinian, after he had anathematized Origen, Didymus, and

Evagrius, issued what the Latins call an edict, after the deposition of

Eustochius [A. D. 556], in which he termed the body of the Lord

incorruptible and incapable of the natural and blameless passions;

affirming that the Lord ate before His passion in the same manner as after

His resurrection, His holy body having undergone no conversion or change

from the time of its actual formation in the womb, not even in respect to

the natural and voluntary passions, nor yet after the resurrection. To

this he proceeded to compel bishops in all parts to give their assent.

However, they all professed to look to Anastasius, the Bishop of Antioch,

and thus avoided the first attack.





(b) Justinian, Novella VI "Preface."





Church and State according to Justinian.





Among the greatest gifts of God bestowed by the kindness of heaven are the

priesthood and the imperial dignity. Of these the former serves things

divine; the latter rules human affairs and cares for them. Both are

derived from the one and the same source, and order human life. And,

therefore, nothing is so much a care to the emperors as the dignity of the

priesthood; so that they may always pray to God for them. For if one is in

every respect blameless and filled with confidence toward God, and the

other rightly and properly maintains in order the commonwealth intrusted

to it, there is a certain excellent harmony which furnishes whatsoever is

needful for the human race. We, therefore, have the greatest cares for the

true doctrines of God and the dignity of the priesthood which, if they

preserve it, we trust that by it great benefits will be bestowed by God,

and we shall possess undisturbed those things which we have, and in

addition acquire those things which we have not yet acquired. But all

things are well and properly carried on, if only a proper beginning is

laid, and one that is acceptable to God. But this we believe will be so if

the observance of the sacred canons is cared for, which also the Apostles,

who are rightly to be praised, and the venerated eye-witnesses and

ministers of the word of God, delivered, and which the holy Fathers have

also preserved and explained.





(c) Justinian, Novella CXXXVII, 6.





The following section from the conclusion of a novella

illustrates the manner in which Justinian legislated in matter of

internal affairs for the Church and instituted a control over the

priesthood which was other than that of the Church's own system of

discipline.





We command that all bishops and presbyters shall offer the sacred oblation

and the prayers in holy baptism not silently, but with a voice which may

be heard by the faithful people, that thereby the minds of those listening

may be moved to greater contrition and to the glory of God. For so,

indeed, the holy Apostle teaches (I Cor. 14:16; Rom. 10:10). Therefore it

is right that to our Lord Jesus Christ, to our God with the Father and the

Holy Ghost, be offered prayer in the holy oblation and other prayers with

the voice by the most holy bishops and the presbyters; for the holy

priests should know that if they neglect any of those things they shall

render an account at the terrible judgment of the great God and our

Saviour Jesus Christ, and that we shall not quietly permit such things

when we know of them and will not leave them unpunished. We command,

therefore, that the governors of the epachies, if they see anything

neglected of those things which have been decreed by us, first urge the

metropolitans and other bishops to celebrate the aforesaid synods, and do

whatsoever things we have ordered by this present law concerning synods,

and, if they see them delaying, let them report to us, that from us may

come a proper correction of those who put off holding synods. And the

governors and the officials subject to them should know that if they do

not observe these matters they will be liable to the extreme penalty

[i.e., death]. But we confirm by this present law all things which have

been decreed by us in various constitutions concerning bishops,

presbyters, and other clerics, and further concerning lodging-places for

strangers, poor-houses, orphan asylums and others as many as are over the

sacred buildings.





(d) Justinian, Novella CXXIII, 1.





Laws governing the ordination of bishops.





We decree that whenever it is necessary to ordain a bishop, the clergy and

the leading citizens whose is the bishop who is to be ordained shall make,

under peril of their souls, with the holy Gospels placed before them,

certificates concerning three persons, testifying in the same certificates

that they have not chosen them for any gifts or promises or for reasons of

friendship, or any other cause, but because they know that they are of the

true and Catholic faith and of honest life, and learned in science and

that none of them has either wife or children, and know that they have

neither concubine nor natural children, but that if any of them had a wife

the same was one and first, neither a widow nor separated from her

husband, nor prohibited by the laws and sacred canons; and know that they

are not a curial or an official, or, in case they should be such, are not

liable to any curial or official duty; and they know that they have in

such case spent not less than fifteen years in a monastery. This also is

to be contained in the certificate: that they know the person selected by

them to be not less than thirty years of age; so that from the three

persons for whom these certificates were made the best may be ordained by

the choice and at the peril of him who ordains. But a curial or an

official who, as has been said, has lived fifteen years in a monastery and

is advanced to the episcopate is freed from his rank so that as freed from

the curia he may retain a fourth part of his property, since the rest of

his property, according to our law, is to be claimed by the curia and

fisc. Also we give to those who make the certificate the privilege that if

they deem a layman, with the exception of a curial or an official, worthy

of the said election, they may choose such layman with the two other

clergy or monks, but so, however, that the layman who has in this way been

chosen to the episcopate shall not be ordained at once, but shall first be

numbered among the clergy not less than three months, and so having

learned the holy canons and the sacred ministry of the Church, he shall be

ordained bishop; for he who ought to teach others ought not himself to be

taught by others after his consecration. But if by chance there are not

found in any place three persons eligible to such election, it is

permitted those who make the certificates to make them for two or even for

only one person, who shall each have the testimonials mentioned by us. But

if those who ought to elect a bishop do not make this certificate within

six months, then, at the peril of his soul, let him who ought to ordain

ordain a bishop, provided, however, that all things which we have said be

observed. But if any one is made bishop contrary to the aforesaid rules,

we command that he be driven entirely from the episcopate; but as for him

who dared to ordain him against these commands, let him be separated from

the sacred ministry for a year and all his property, which at any time or

in any way shall come into his possession, shall be seized on account of

the crime he has committed against the rule of the Church of which he was

a bishop.



Ch. 13. We do not permit clergy to be ordained unless they are educated,

have the right faith, and an honorable life, and neither have, nor have

had, a concubine or natural children, but who either live chastely or have

a lawful wife and her one and only, neither a widow not separated from her

husband, nor forbidden by laws and sacred canons.



Ch. 14. We do not permit presbyters to be made less than thirty years old,

deacons and sub-deacons less than twenty-five, and lectors less than

sixteen; nor a deaconess to be ordained(207) in the holy Church who is

less than forty years old and who has been married a second time.





(e) Justinian, Codex, I, 11.





Law against paganism.





The following laws of Justinian, though of uncertain date, mark

the termination of the contest between Christianity and paganism.

In the second of these laws there is a reference to the

prohibition of pagan teachers. It is in line with the closing of

the schools of the heathen teachers at Athens. The decree closing

the schools has not been preserved.





Ch. 9. We command that our magistrates in this royal city and in the

provinces take care with the greatest zeal that, having been informed by

themselves or the most religious bishops of this matter, they make inquiry

according to law into all impurities of pagan(208) superstitions, that

they be not committed, and if committed that they be punished; but if

their repression exceed provincial power, these things are to be referred

to us, that the responsibility for, and incitement of, these crimes may

not rest upon them.



(1) It is permitted no one, either in testament or by gift, to leave or

give anything to persons or places for the maintenance of pagan impiety,

even if it is not expressly contained in the words of the will, testament,

or donation, but can be truly perceived in some other way by the judges.

(2) But those things which are so left or given shall be taken from the

persons and places to whom they have been given or left, and shall belong

to the cities in which such persons dwell or in which such places are

situated, so that they may be paid as a form of revenue. (3) All penalties

which have been introduced by previous emperors against the errors of

pagans or in favor of the orthodox faith are to remain in force and effect

forever and guarded by this present pious legislation.



Ch. 10. Because some are found who are imbued with the error of the

impious and detestable pagans, and do those things which move a merciful

God to just wrath, and that we may not suffer ourselves to leave

uncorrected matters which concern these things, but, knowing that they

have abandoned the worship of the true and only God, and have in insane

error offered sacrifices, and, filled with all impiety, have celebrated

solemnities, we subject those who have committed these things, after they

have been held worthy of holy baptism, to the punishment appropriate to

the crimes of which they have been convicted; but for the future we decree

to all by this present law that they who have been made Christians and at

any time have been deemed worthy of the holy and saving baptism, if it

appear that they have remained still in the error of the pagans, shall

suffer capital punishment.



(1) Those who have not yet been worthy of the venerable rite of baptism

shall report themselves, if they dwell in this royal city or in the

provinces, and go to the holy churches with their wives and children and

all the household subject to them, and be taught the true faith of

Christians, so that having been taught their former error henceforth to be

rejected, they may receive saving baptism, or know, if they regard these

things of small value, that they are to have no part in all those things

which belong to our commonwealth, neither is it permitted them to become

owners of anything movable or immovable, but, deprived of everything, they

are to be left in poverty, and besides are subject to appropriate

penalties.



(2) We forbid also that any branch of learning be taught by those who

labor under the insanity of the impious pagans, so that they may not for

this reason pretend that they instruct those who unfortunately resort to

them, but in reality corrupt the minds of their pupils; and let them not

receive any support from the public treasury, since they are not permitted

by the Holy Scriptures or by pragmatic forms [public decrees] to claim

anything of the sort for themselves.



(3) For if any one here or in the provinces shall have been convicted of

not having hastened to the holy churches with his wife and children, as

said, he shall suffer the aforesaid penalties, and the fisc shall claim

his property, and they shall be sent into exile.



(4) If any one in our commonwealth, hiding himself, shall be discovered to

have celebrated sacrifices or the worship of idols, let him suffer the

same capital punishment as the Manichaeans and, what is the same, the

Borborani [certain Ophitic Gnostics; cf. DCB], for we judge them to be

similar to these.



(5) Also we decree that their children of tender years shall at once and

without delay receive saving baptism; but they who have passed beyond

their earliest age shall attend the holy churches and be instructed in the

Holy Scriptures, and so give themselves to sincere penitence that, having

rejected their early error, they may receive the venerable rite of

baptism, for in this way let them steadfastly receive the true faith of

the orthodox and not again fall back into their former error.



(6) But those who, for the sake of retaining their military rank or their

dignity or their goods, shall in pretence accept saving baptism, but have

left their wives and children and others who are in their households in

the error of pagans, we command that they be deprived of their goods and

have no part in our commonwealth, since it is manifest that they have not

received holy baptism in good faith.



(7) These things, therefore, we decree against the abominable pagans and

the Manichaeans, of which Manichaeans the Borborani are a part.



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